SHRI KRISHNAKUMAR K ASHAR vs MR ARCHIE JOHN VAREL AND OTHERS

KVM 1/15 2 - CRA 752 OF 2014.doc 3. Adv. Manoj P. Mhatre for the Respondent Nos. 2/2 to 2/6. Clyde Varel - Respondent No. 1/3 present. CORAM : RAJESH S. PATIL, J. DATE : 7 APRIL, 2026 JUDGMENT :- 1) By the present civil revision application filed under Section 115 of the Civil Procedure Code, 1908 the applicant, who is the original defendant in a Rent Act eviction suit challenges the impugned judgment and decree passed by the Appellate Bench. 2) I have heard the counsel of both the sides and with their help, I have gone through the documents on record. 3) According to Mr.Dande - the advocate appearing for the respondent no.1-original plaintiffs, suit was filed on the grounds of KVM 3/15 2 - CRA 752 OF 2014.doc unauthorized construction, subletting, change of user, bona fide requirement and arrears of rent. The said suit was dismissed by the Trial Court by the judgment and order dated 30 June, 2009. 4) It is Mr.Dande’s case that both the plaintiffs jointly filed an appeal before the Appellate Authority and during the pendency of the appeal, the plaintiff no.2 died. Hence, the legal heirs were brought on record. The appeal was answered in favour of the plaintiffs and the judgment pas